2257 regs published in full

[Sinistress]

Okay new question, last bit was the old one... again I'm not really sure how to word the question, but am going to put the bits in bold..

(c) Producer means any person, including any individual,
corporation, or other organization, who is a primary producer or a
secondary producer.
(1) A primary producer is any person who actually films,
videotapes, photographs, or creates a digitally- or computer-
manipulated image, a digital image, or picture of, or digitizes an
image of, a visual depiction of an actual human being engaged in actual
sexually explicit conduct.
(2) A secondary producer is any person who produces, assembles,
manufactures, publishes, duplicates, reproduces, or reissues a book,
magazine, periodical, film, videotape, digitally- or computer-
manipulated image, picture, or other matter intended for commercial
distribution that contains a visual depiction of an actual human being
engaged in actual sexually explicit conduct, or who inserts on a
computer site or service a digital image of, or otherwise manages the
sexually explicit content of a computer site or service that contains a
visual depiction of an actual human being engaged in actual sexually
explicit conduct, including any person who enters into a contract,
agreement, or conspiracy to do any of the foregoing.
(3) The same person may be both a primary and a secondary producer.
(4) Producer does not include persons whose activities relating to
the visual depiction of actual sexually explicit conduct are limited to
the following:
(i) Photo or film processing, including digitization of previously
existing visual depictions, as part of a commercial enterprise, with no
other commercial interest in the sexually explicit material, printing,
and video duplicators;
(ii) Mere distribution;
(iii) Any activity, other than those activities identified in
paragraphs (c) (1) and (2) of this section, that does not involve the
hiring, contracting for, managing, or otherwise arranging for the
participation of the depicted performers;
(iv) A provider of web-hosting services who does not, and
reasonably cannot, manage the sexually explicit content of the computer
site or service; or
(v) A provider of an electronic communication service or remote
computing service who does not, and reasonably cannot, manage the
sexually explicit content of the computer site or service.
(d) Sell, distribute, redistribute, and re-release refer to
commercial distribution of a book, magazine, periodical, film,
videotape, digitally- or computer-manipulated image, digital image,
picture, or other matter that contains a visual depiction of an actual
human being engaged in actual sexually explicit conduct, but does not
refer to noncommercial or educational distribution of such matter,
including transfers conducted by bona fide lending libraries, museums,
schools, or educational organizations.
(e) Copy, when used:
(1) In reference to an identification document or a picture
identification card, means a photocopy, photograph, or digitally
scanned reproduction, and
(2) When used in reference to a sexually explicit depiction means
the sexually explicit image itself (e.g., a film, an image posted on a
web page, an image taken by a webcam, a photo in a magazine, etc.).
(f) Internet means collectively the myriad of computer and
telecommunications facilities, including equipment and operating
software, which constitute the interconnected world-wide network of
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocols to such protocol,
to communicate information of all kinds by wire or radio.
(g) Computer site or service means a computer server-based file
repository or file distribution service that is accessible over the
Internet, World Wide Web, Usenet, or any other interactive computer
service (as defined in 47 U.S.C. 230(f)(2)). Computer site or service
includes without limitation, sites or services using hypertext markup
language, hypertext transfer protocol, file transfer protocol,
electronic mail transmission protocols, similar data transmission
protocols, or any successor protocols, including but not limited to
computer sites or services on the World Wide Web.
(h) URL means uniform resource locator.
(i) Electronic communications service has the meaning set forth in
18 U.S.C. 2510(15).
(j) Remote computing service has the meaning set forth in 18 U.S.C.
2711(2).
(k) Manage content means to make editorial or managerial decisions
concerning the sexually explicit content of a computer site or service,
but does not mean those who manage solely advertising, compliance with
copyright law, or other forms of non-sexually explicit content.